Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 26

Consolidation of arbitration proceedings6

26. Consolidation of arbitration proceedings6



(1) The following provisions of this subsection apply to arbitration
proceedings all of which have the same arbitrator or umpire-

   (a)  the arbitrator or umpire may, on the application of a party in each of
        the arbitration proceedings, order-

   (i)  those proceedings to be consolidated on such terms as the arbitrator
        or umpire thinks just;

   (ii) those proceedings to be heard at the same time, or one immediately
        after the other; or

   (iii) any of those proceedings to be stayed until after the determination
        of any of them;

   (b)  if the arbitrator or umpire refuses or fails to make such an order,
        the Court may, on application by a party in any of the proceedings,
        make such an order as could have been made by the arbitrator or
        umpire.

(2) The following provisions of this subsection apply to arbitration
proceedings not all of which have the same arbitrator or umpire-

   (a)  the arbitrator or umpire for any one of the arbitration proceedings
        may, on the application of a party in the proceeding, provisionally
        order-

   (i)  the proceeding to be consolidated with other arbitration proceedings
        on such terms as the arbitrator or umpire thinks just;

   (ii) the proceeding to be heard at the same time as other arbitration
        proceedings, or one immediately after the other; or

   (iii) any of those proceedings to be stayed until after the determination
        of any of them;

   (b)  an order ceases to be provisional when consistent provisional orders
        have been made for all of the arbitration proceedings concerned;

   (c)  the arbitrators or umpires for arbitration proceedings may communicate
        with each other for the purpose of conferring on the desirability of
        making orders under this subsection and of deciding on the terms of
        any such order;

   (d)  if a provisional order is made for at least one of the arbitration
        proceedings concerned, but the arbitrator or umpire for another of the
        proceedings refuses or fails to make such an order (having received an
        application from a party to make such an order), the Court may, on
        application by a party in any of the proceedings, make an order or
        orders that could have been made under this subsection;

   (e)  if inconsistent provisional orders are made for the arbitration
        proceedings, the Court may, on application by a party in any of the
        proceedings, alter the orders to make them consistent.

(3) An order or a provisional order may not be made under this section unless
it appears-

   (a)  that some common question of law or fact arises in all of the
        arbitration proceedings;

   (b)  that the rights to relief claimed in all of the proceedings are in
        respect of or arise out of the same transaction or series of
        transactions; or

   (c)  that for some other reason it is desirable to make the order or
        provisional order.

(4) When arbitration proceedings are to be consolidated under this section,
the arbitrator or umpire for the consolidated proceedings shall be the person
agreed on for the purpose by all the parties to the individual proceedings,
but, failing any such agreement, the Court may appoint an arbitrator or umpire
for the consolidated proceedings.





(5) Any proceedings before an arbitrator or umpire for the purposes of this
section shall be taken to be part of the arbitration proceedings concerned.

(6) Arbitration proceedings may be commenced or continued, notwithstanding
than an application to consolidate them is pending under subsection (1) or (2)
and notwithstanding that a provisional order has been made in relation to them
under subsection (2).

(7) Subsections (1) and (2) apply in relation to arbitration proceedings
whether or not all or any of the parties are common to some or all of the
proceedings.

(8) Nothing in subsection (1) or (2) prevents the parties to 2 or more
arbitration proceedings from agreeing to consolidate those proceedings and
taking such steps as are necessary to effect that consolidation.